In MachiavelliPolicy No. 1, the Machiavelli Center proposes the introduction of a new crime ("Violence or Threat to Prevent Public Meetings or Meetings Open to the Public"), so as to more effectively protect the right to peacefully assemble and publicly express one's ideas.
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EXECUTIVE SUMMARY
- There is an emergency throughout the West, particularly sharp in universities, concerning the holding of meetings to freely express thoughts. Organized groups employ or threaten to employ force to prevent meetings when speakers' thinking is unwelcome to them
- The protection of freedom of thought from actions such as those described is not only legitimized, but indicated as an obligation for the state by the Constitution, the ECHR and the EU Charter of Fundamental Rights.
- Italian legislation lacks a truly effective safeguard against violent disruptions to the exercise of assembly and public expression of thought.
- In particular, the protection of these freedoms is now entrusted to the crime of private violence, a residual case with a particularly mild sentencing framework in the minimum and with respect to which judicial discretion weighs heavily.
- The proposed solution is the creation of the new crime of "Violence or threatening to prevent public meetings or meetings open to the public," which would adapt punitive and preventive measures, remove the new crime from the scope of numerous reward or deflective institutions, and allow the anticipation of criminal intervention.
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